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Navy Pays Lost Profits For Misappropriating FSS Contractor's Data

Client Alert | less than 1 min read | 03.10.04

In Data Enterprises of the Northwest v. GSA, GSBCA No. 1560 (Feb. 4, 2004), the GSBCA determined that the Navy had breached its FSS contract with a supplier of commercial software when it used the contractor's proprietary software documentation and data dictionary to develop competing software. The board granted the contractor lost profits on contract sales of its commercial software that it would have made absent the breach, through 2006.

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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....